Section 48 (1) (b)

This paragraph provides the basis for the section.  It states:

“This section applies where:

(b)damages are recovered by, or for the benefit of, a dependant of a deceased employee in respect of the death of the employee and compensation is payable under this Act in respect of the injury that resulted in that death.”

There are two major things to note from this provision:

• “damages are recovered”; and

• “compensation is payable”.

Section 48 does not apply until damages have been successfully recovered.  Therefore, any information provided below will not apply until damages have been awarded to, or on behalf of, the dependant.

The second point is very important.  It indicates that liability has to have been found under the Act for the injury which resulted in the employee's death, before regard may be had to any damages settlement.